Back / lumbar spine decisions — 2024

The Board has determined that the VA opinions relied upon in the June 2022 rating decision are inadequate and remands the case for further development.

The Board has granted service connection for a lumbar spine disability secondary to the Veteran's left knee disorder. The issue of service connection for a headache disorder is remanded.

The Veteran's service-connected lumbar myositis with degenerative disc disease rendered him incapable of securing or following substantially gainful employment throughout the period on appeal, leading to a TDIU. Special monthly compensation at the housebound rate is granted from September 18, 2023.

The Board has decided to remand the case due to errors in obtaining medical records and for an additional VA examination.

The Veteran's bilateral hearing loss has been granted service connection. The right hip, left knee, and right foot conditions have been remanded for further examination and opinion.

The Board has decided to remand the Veteran's claims for service connection due to a pre-decisional error in not obtaining his complete service personnel records for his period of service in the Navy Reserves. The AOJ is instructed to obtain all Reserve treatment records, specifically any medical records, pertaining to his service in the Army Reserve from October 2008 to April 2013.

The Veteran's claim for a higher rating for degenerative joint disease, L4/5 and L5/S1 and degenerative disc disease L4/5 was denied. The claims for a 20 percent disability rating for lumbar radiculopathy, right lower extremity, and a 70 percent disability rating for PTSD and generalized anxiety disorder were granted.

The Veteran's claim for service connection for a low back condition was denied in August 2015, and the Board found no new and relevant evidence to support reopening of this claim. The Veteran's TDIU claim is granted based on his combined disability rating meeting the schedular criteria. Service connection for neck, shoulder, hip, knee, ankle, and foot conditions are all denied.

The Veteran's claims for service connection of tinnitus, hearing loss, and low back pain have been granted due to the submission of new and relevant evidence. The cases are now remanded for further examination and opinion.

The Veteran's sleep apnea, lung disability, back disorder, right knee instability, and right knee limitation of flexion are all granted. The lung disability is rated at 10%.

The Board has denied service connection for a right knee disability, lumbosacral strain with intervertebral disc syndrome (back disability), and erectile dysfunction as secondary to major depressive disorder. The Board found that the evidence does not support service connection for any of these conditions.

The Veteran's back, left knee, and right knee disabilities are denied as there is no persuasive evidence linking these conditions to his active service.,Hypertension and bilateral hearing loss were also denied.

The Board has decided to remand the Veteran's claims for service connection for back disability, left knee condition, and right knee condition due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's lumbar spine disability is granted a 40 percent rating since February 11, 2010. The right hip and right knee disabilities are each granted a 10 percent rating.

The Board denied service connection for a low back disorder and diabetes mellitus type 2, as well as an increased rating for adjustment disorder with depressed mood. The claims were not reopened due to the Veteran's failure to submit new and relevant evidence.

The Veteran's claims for earlier effective dates for service connection and initial ratings for right knee and low back disabilities were denied. The effective dates for the awards of service connection are set at August 1, 2013, for the right knee disability and August 26, 2013, for the low back disability.,For the right knee disability, an initial rating in excess of 10 percent was denied. The Veteran's right knee disability is currently rated as 10 percent disabling based on painful limitation of motion.

The Veteran's appeals for increased ratings in excess of 20 percent for degenerative arthritis, lumbar spine and in excess of 70 percent for major depressive disorder with PTSD have been dismissed due to the Veteran's withdrawal of her appeal.

The Veteran's claim for service connection for sleep apnea is granted as it was caused by his service-connected PTSD, back disability with lower extremity radiculopathy and skin condition. The Veteran's claims for increased rating for PTSD, TDIU, and DEA benefits are dismissed as moot due to the maximum schedular ratings being assigned.

The Board has decided that the Veteran's back disability is not service-connected, and has remanded his claim for an acquired psychiatric disorder to include anxiety and depression due to a duty to assist error.

The Board has remanded the Veteran's claims for right knee disability, left knee disability, lumbosacral disability, gastroesophageal reflux disease (GERD), and asthma due to unclear medical opinions regarding their etiology and potential aggravation by service. The claims are being returned for further development.